General Election date set for March 2013

By Digital Reporters

Verdict 4:1 in favour of March 4, 2013

A five bench Court of Appeal ruled in favour of Marh 2013 as Kenya's date for the next General Electionending months of anxiety.

The consesus was reached with four judges endorsing the March 4 2013 date which was ruled on by High Court in January but one judge Justice Martha Koome dissented referring that the election be held by January 15 2013 and Parliament be dissolved by November this year.

The date had remained controversial and caused anxiety among voters and electoral administrators alike due uncertainty with many intelligence reports warning it was not good for democracy and the country.

Each of the five bench members delivered individual rulings.

Kenya’s second highest court delivered the verdict after two  civil society organisations and politician John Harun Mwau moved to High court to seek interpretation of the Constitution on the election date.

The matter was first taken to Supreme Court but was referred back to High Court which ruled that two dates be set either in December 2012 or in March 2013 when the General Election can be held.

Appellate Judges: Erastus Githinji, Martha Koome, David Maranga, Hannah Okwengu and Kalpana Rawal made the crucial ruling in the case in which  Newton Mugambi Manyara, Lawrence Gumbe and Martin Muthoga Gitonga filed against the Attorney General, Independent Election and Boundaries Commission, Commission on Implementation of the Constitution.

Justice Koome in her ruling said election must be held on or before January 15, 2013 dissenting from the majority

Justice Koome ruled that Parliament’s life should not exceed a five-year cycle. The current Parliament was sworn in January 2008.

Justice Koome said the Parliament should be dissolved on November 14, 2012 to pave way for fresh elections.

She ruled that the High Court misinterpreted the Constitution and the two alternatives given by court were unconstitutional thus null and void in law.

Justice Githinji described as speculative jurisprudence informed the date of March 2013.

Justice Githinji argued that Kenya is an early stage of constitutional implementation and should be shepherded clearly before he agreed with the High Court which settled on the March 4 date.

Justice Okwengu settled on the March 4, 2013 date agreeing with Justice Githinji.

Justice Rawal settled the verdict when she agreed with Justice Okwengu and  Justice Githinji on the March 4, 2013 date affirming  the election date will be next year and breaking the tradition with the  December date.

The final judge Justice Maranga delivered his verdict in support of March 2013 poll.

A section of politicians reacted to the date with Imenti Central MP Gitobu Imanyara saying: "I welcome the majority decision affirming March 4 as the election date. We must learn to respect and abide by decisions made by competent institutions such as the Judiciary."

Gitobu challenged politicians to stop confusing Kenyans about holding elections on any other date.